Trial Practice Cases: Attorney’s Fees/Costs (Court of Appeals)

Ohio Workers’ Compensation Decisions
(Court of Appeals)

Trial Practice: Attorney’s Fees/Costs

Select the case name to read the decision on the Ohio Supreme Court’s web site. For other issues, see our topic index to Ohio workers’ compensation decisions.

Bland v. Ryan (7/13/12)

Three-part test applies to determine whether successful injured worker should receive reimbursement of costs under R.C. 4123.512(F).

Vote: 3-0
Opinion by: Judge Harsha
Appellate District: 2

Bulstrom v. Ohio Bur. of Workers’ Comp. (3/28/05)

Trial court did not abuse its discretion in denying successful claimant both video and stenographic costs under R.C. 4123.512(F).

Vote: 3-0
Opinion by: Judge Farmer
Appellate District: 5

Cakic v. Ridge Pleasant Valley, Inc. (6/25/15)

When injured worker pursues multiple conditions, trial court is not required to breakdown time spent on successful versus unsuccessful claim when determining statutory award of attorney fees; however, record must contain evidence of effort expended by attorney to support award of attorney fees.

Vote: 3-0
Opinion by: Judge Gallagher
Appellate District:  8

Carrigan v. Shaferly Excavating, Ltd. (10/31/11)

Successful claimaint is entitled to reimbursement for reasonable costs which were used in preparation for appeal.

Vote: 3-0
Opinion by: Judge Rogers
Appellate District: 3

Dixon v. Ford Motor Co. (7/24/03)

Court did not abuse its discretion by ordering employer to pay costs for live medical testimony presented at trial by injured worker who established his right to participate on an R.C. 4123.512 appeal.

Vote: 3-0
Opinion by: Judge Gallagher
Appellate District: 8

Hairston v. Baltimore Ravens, Inc. (10/16/08)

Claimant who is granted dismissal of employer’s R.C. 4123.512 appeal because of lack of subject matter jurisdiction is entitled to receive award of attorney’s fees because dismissal of appeal ensures continued participation in the worker’s compensation fund.

Vote: 3-0
Opinion by: Judge Kilbane
Appellate District: 8

Hansford v. Midwest Staff Solutions (10/26/06)

Trial court did not abuse discretion in awarding $2,500 as attorney’s fees in case involving consolidated appeals.

Vote: 2-1
Opinion by: Judge Sweeney
Appellate District: 8

Harmon v. Cuyahoga County, 2017-Ohio-8662 (11/22/17)

Attorney who successfully filed motion to set aside settlement agreement, which caused previously allowed claim to remain open, entitled to attorney fees since the result permitted claimant to continue to participate in the fund.

Vote: 3-0
Opinion by: Celebrezze
Appellate District: 8

Holmes v. Crawford Machine, Inc. (11/7/11)

When claimant is successful in some, but not all, claims, trial Court awarding costs and expert witness fees should consider which claims were successful when awarding such costs/fees to the extent it is possible.

Vote: 3-0
Opinion by: Judge Preston
Appellate District: 3

Johnson-Floyd v. REM Ohio, Inc. (12/8/11)

Trial court did not abuse its discretion in awarding $2000 for R.C. 4123.512 attorney fee.

Vote: 3-0
Opinion by: Judge Hoffman
Appellate District: 5

Keener v. Buehrer, 2017-Ohio-7749 (9/22/17)

Trial court erred in refusing to award successful injured worker the cost of a videotaped doctor’s deposition since that cost was a reasonable and necessary litigation expense.

Vote: 3-0
Opinion by: Donovan
Appellate District: 2

Lloyd v. Cleveland Clinic Found. (3/31/11)

R.C. 4123.512(F) only applies to permit payment of attorney fees and costs where a claimant establishes the right to participate.

Vote: 3-0
Opinion by: Judge Sweeney
Appellate District: 8

Murawski v. Tamarkin Co. (9/20/06)

Trial court did not abuse discretion in awarding $2,500 as attorney’s fees in case involving consolidated appeals.

Vote: 3-0
Opinion by: Judge Boyle
Appellate District: 9

Nixon v. Quality Mold, Inc. (4/6/11)

Trial court properly taxed costs and attorneys fees directly to employer which contested workers’ compensation claim.

Vote: 3-0
Opinion by: Judge Belfance
Appellate District: 9

Robinson v. Conrad (6/6/03)

Trial court did not abuse its discretion in denying successful claimant both video and stenographic costs under R.C. 4123.512(F).

Vote: 3-0
Opinion by: Judge Young
Appellate District: 2

Rubenbauer v. C. W. Zumbiel Co. (3/15/13)

Successful claimant entitled to payment of attorney fees, but evidence in record must support amount awarded.

Vote: 3-0
Opinion by: Judge Hildebrandt
Appellate District: 1

Schuller v. US Steel Corp. (9/12/03)

Successful claimant is entitled to reimbursement for costs of expert witnesses trial deposition, but not for cost of live expert testimony, mileage, hotels or subpoenas.

Vote: 2-1
Opinion by: Judge Grendell
Appellate District: 11

Smith
v. Franciscan Communities, Inc.
(11/26/14)

Trial court properly denied motion for attorney fees which provided no documentation of hours spent in preparation of case, hourly rate of attorney or costs incurred preparing for trial.

Vote: 2-0, 1 concurs in judgment only
Opinion by: Judge Kilbane
Appellate District:  8

Turgill v. Elder Beerman Stores, Corp. (1/10/03)

Successful claimant is entitled to payment of expert witness fees where expert witness presents live testimony at trial (as opposed to testimony by videotaped deposition).

Vote: 3-0
Opinion by: Judge Grady
Appellate District: 2

Wasinski v. PECO II, Inc. (9/13/10)

Costs associated with deposition of a doctor and discovery deposition of another doctor were properly reimbursed to a successful injured worker under R.C. 4123.512(F), but mileage incurred by attorney in attending an oral argument at the Court of Appeals was not reimbursable because it was an everyday cost of doing business.

Vote: 3-0
Opinion by: Judge Preston
Appellate District: 3

White v. Continental Express, Inc. (9/27/04)

BWC cannot appeal decision to tax costs to employer because it does not have an interest in that decision.

Vote: 3-0
Opinion by: Judge Shaw
Appellate District: 3

Young v. Lorain Cty. Printing & Publishing (8/17/09)

Injured worker is entitled to award of attorney fees under R.C. 4123.512 when employer dismisses its appeal to court.

Vote: 3-0
Opinion by: Judge Dickinson
Appellate District: 9